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1. The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicants, its successors or <br /> assigns, and that are not the result of their fault or negligence. <br /> 2. Granting of the time extension would not be contrary to the General Plan <br /> or Zoning Code. <br /> 3. Granting of the time extension would not be contrary to the original <br /> reasons for the granting of the change of zone. <br /> i <br /> 4. The time extension granted shall be for a period not to exceed the period <br /> originally granted for performance(i.e.,a condition to be performed within <br /> one year may be extended for up to one additional year). <br /> Should any of the conditions not be met or substantially complied with in a timely <br /> fashion,the Director may initiate rezoning of the area to its original or more <br /> appropriate designation. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> I <br /> I <br /> SECTION 4. This ordinance shall take effect upon its approval. 3 <br /> INTRODUCED BY: <br /> 3 <br /> COUNCIL MEMBER,COUNTY OF HAWAI`l i <br /> Hilo , Hawai`i <br /> I <br /> Date of Introduction: May 17, 2006 <br /> Date of lst Reading: May 17, 2006 <br /> Date of 2nd Reading: ,lune 5, 2006 <br /> Effective Date: June 16, 2006 <br /> REFERENCE: Comm. 763.6 <br />